On Claim Of The Validity Of The Contract Signed By Drunkard

Where it comes to the issue of the validity of the contract signed by drunken people,the key point is whether drunken people have contractual ability or civil capacity. On the issue this paper is divided into five parts.The first part of the paper refers to social reality of the existing problems, Take an example, a man signed a contract with a driver who helped him drive his car to his home, when the drive had finished , he did not pay the fees .He argued that he did not know anything because of the wine .we face the problem that how to resolve these issue and how to improve the existing law .The second part analyzes the civil capacity of drunken people in the civil law countries .Firstly, introduced the civil capacity ;Secondly, analyzed part of the country's civil capacity. Civil law countries have taken civil capacity system that is divided into a capable person and the non- capable person, or divided into a civil capacity, restrictions on civil capacity and the non- capable person. The majority of civil law countries have the system of lack of adult's civil ability or adult guardianship system to protect drunken people. Civil law countries take legislative measures: establish or abolish the ban-governance system and the announce of limited civil capacity. China's civil law compared to those countries should be further improved.The third part analyses the contractual capacity in the common law countries .In the common law countries , in accordance with the will of their independent ability to make contracts, the parties are able to enjoy an independent contractual right to exert contractual obligations of the main qualifications. Although the common law jurisprudence based, but in the United Kingdom in "1979 merchandise sales of third "states: If the sale and delivery of basic necessities and because no mental capacity or ability to make alcohol without a contract, then he must be reasonable Payment of the price of daily necessities. Signed by drunken people on the contract, only to revoke the contract, rather than invalid. "The United States second repeat", Article 15, paragraph 1, states: "If because of mental illness or defect……he was not on the transaction in a reasonable manner, and that the other party had reason to know." The party does not have contractual capacity. Thus in the common law, signed by the drunken person may revoke the contract, but the premise that the other party knew or should have known this.The fourth part states the rights of the counterpart. The law aims to protest the people who lack of civil capacity, but the law should protect them. Moreover, in accordance with our theory, drunk people are entirely possible to take control of their own before drinking , so he should be duty to his behavior. How to coordinate this issue? According to the principle of fairness, both sides are at fault, the two sides should be reasonable share of the loss. Meanwhile, China's civil law can learn from Japan, add the right that assertion of Claims.The fifth part suggests how to improve the system of China's civil law which relates the lack of adult's civil capacity and how to improve the guardianship system. These two new ideas all pay great attention to the natural person meaning expression the freedom, regardless of the disabled person , all must entrust with it to participate in the social activity in the permission scope, but is not draws up in the law deprives their capacity. Next, denied built the ban-governance system suggestion in our country, and many civil law countries already passed the new system to substitute for it. Finally unifies our country law the present situation, the system of lack of adult's civil ability and the adult guardianship system ,firstly, we must be determined the position in the civil law; Secondly, we should expand the scope of the limit capacity system; Thirdly, we must abolish the announcement system which the adult is short of capacity, introduces the adult guardianship registration system; Finally, consummates the adult guardianship system, after has compared the law of German and Quebec,the date guardianship system similarities and differences, thought our country comparison is suitable adopts Japanese the vertical legal regulation, simultaneously stipulates the legal guardianship system and the free guardianship system.Finally, the way we solve the problem can be used both of the civil law and the common law. Firstly, according to the system of lack of adult's civil ability, the drunkard should bring into line with the limit capacity person, meanwhile, according to the adult guardianship system , the drunkard can be adapted to "the assistance" system. Simultaneously requests drunkard be able to prove its relative side perfectly well knew that he is drunk. we should rest on the reality and the national condition of our country, copy the correlation system of Japanese civil law to improve our the system of lack of adult's civil ability and adult guardianship system .